Testing a self-Driving car

Legislation urgently required to address safety for driverless vehicles

In a report published today (15/09/2023), the Parliamentary Transport Committee addresses the future of self-driving vehicles (SDVs) and outlines recommendations for the Government’s approach to their introduction on UK roads.

This cross-party Committee has offered insights on how regulations should be modernised to address concerns regarding safety, security, legal liability, and the necessary infrastructure required for the successful integration of self-driving vehicless.

Transport Committee Chair Iain Stewart stated: “The UK is well-positioned to lead the way in the development and deployment of self-driving vehicles, thanks to the innovation and dedication of the SDV sector. The Government’s strategy is a positive step, and our Committee largely supports it. However, we urge the Government to act promptly by introducing a Transport Bill in the upcoming Parliamentary session before the next general election to avoid jeopardizing the progress made so far. The widespread adoption of SDVs hinges on addressing crucial issues such as public confidence in safety, security, and their impact on other road users. We advocate for a cautious, phased approach, initially introducing SDV technologies in well-defined contexts to prevent unintended consequences.”

Government Urged to Enact Legislation

The Committee has identified that the current regulations for SDVs are outdated and restrictive, particularly in the realms of testing and legal accountability. Witnesses have emphasized the industry’s need for a regulatory oversight and the Committee commends the work of the Law Commissions and the Government in developing the Connected & Automated Mobility 2025 legal framework, which has garnered broad support. However, the Committee expressed their disappointment that the Government has not committed to enacting this framework during the current parliamentary session.

If Britain’s success and advantage in this area is to continue, then the Committee strongly urges the Government to pass comprehensive legislation in the next parliamentary session and establish a robust regulatory framework encompassing vehicle approvals, accident liability, cybersecurity, and the use of personal data. Failing to do so risks causing significant and lasting harm to the UK’s SDV industry and its reputation as a pioneering nation.

Government’s Safety Definition Deemed Inadequate

It is commonly assumed that self-driving vehicles will ultimately prove safer than human drivers, however, this assertion is not an absolute. The Committee has received testimony suggesting that optimistic safety predictions are often contingent on the widespread use of SDVs on UK roads, which may still be decades away.

Furthermore, these predictions may overlook other safety risks. The Government’s proposed ‘safety ambition,’ which expects SDVs to attain a safety level equivalent to that of a competent and cautious human driver, is criticized as being “too weak and vague.” The Committee recommends that the Government establish a clearer and more rigorous safety threshold.

Automation’s Impact on Driver Skills

The advent of greater automation in SDVs raises concerns about drivers potentially losing their skills over time due to reduced active involvement. Conversely, drivers must remain prepared to assume manual control at any moment, introducing the risk of sudden and challenging scenarios. To address these concerns, the Committee suggests that the Government formulate a strategy for the future of human driving in an self-driving vehicle world. This strategy should consider potential changes to driving tests and ensure that all drivers possess a thorough understanding of SDVs. Additionally, the Committee stresses that these measures should not impose new responsibilities on other road users and pedestrians or compromise their safety.

Cybersecurity, Roadworthiness, and Legal Liability

SDVs introduce new cybersecurity vulnerabilities due to their interconnected capabilities. Consequently, the legal framework must evolve to address these emerging risks while fostering a safety-oriented culture that promotes wide access to data.

Ensuring the roadworthiness of self-driving vehicles presents a greater challenge compared to conventional vehicles, given the increased complexity of potential failures. Legal liability becomes equally intricate, with shared responsibility between vehicle owners and software operators, potentially causing issues for the insurance industry.

Although the Government has outlined a new regulatory regime, it acknowledges the need for further refinement in practice. The Committee encourages the Government to take a leading role in resolving these issues.

Infrastructure Requirements

The successful integration of SDVs will necessitate well-maintained roads, effective signage, nationwide connectivity, and up-to-date digital road network information. Despite some initial efforts by the Government and public bodies, these preparations currently lack coordination within broader infrastructure planning. To demonstrate its commitment to SDVs, the Government should ensure that meeting these requirements becomes an integral component of its future infrastructure strategy.

Potential Applications of SDVs

The Committee has identified various potential applications for SDVs, including their use in heavy goods vehicles (HGVs), buses, taxis, and private cars.

Over time, self-driving vehicles have the potential to enhance connectivity and substantially improve safety and productivity across industries such as logistics. Nevertheless, a cautious and phased approach is vital, ensuring that SDV deployment occurs within well-defined and appropriate contexts. While the Committee welcomes the Government’s strategy outlined in August 2022, it emphasizes that careful handling is essential to prevent potential drawbacks, such as increased congestion and transport access inequalities.

It is imperative that the Government’s introduction of SDVs remains responsive to the broader population and aligns with the UK’s transport policy objectives, which are under separate inquiry by the Transport Committee.

Industry response to the report

Tom Leggett, Thatcham Research offers an expert view on the report’s findings: “Thatcham Research welcomes the report’s pragmatism regarding the advent of self-driving vehicles and the complex requirements for their successful adoption.

“It encourages the government to embrace self-driving technology cautiously and gradually, ensuring that the focus is on safe implementation, legal clarity and public acceptance. This can only be achieved by a unified approach by vehicle manufacturers, government and insurers.

“While self-driving vehicles are expected to be safer than human drivers, there is a call for more stringent safety standards. Comparing self-driving cars to competent human drivers is considered insufficient. A more transparent and demanding threshold for safety is advocated and Thatcham Research would echo this assertion.

“The question of “how safe, is safe enough?” has long been a point of contention, and if the safety case is the primary benefit of self-driving vehicles, then this should be reflected in the government’s ambitions for the future of transport. The UK is well positioned to lead the world in this endeavour, but it will only be achievable with data transparency.”

Safety-led culture

The report also states that “A safety-led culture will require wide access to data, and this must be a higher priority than commercial confidentiality.”

Leggett continues: “It is of huge significance that the report prioritises data access for all stakeholders. Thatcham Research has long called for a centrally held data repository to enable a fully transparent understanding of collision cause and effect, something which will also be vital to building trust and smoothing the path to consumer adoption.

“Widespread data access is also crucial for safety and the resolution of complex legal liability arrangements shared between vehicle owners and operators.

“In addition, Thatcham Research welcomes the report’s acknowledgments relating to the complexities of legal liability – especially as we move through the stages of automation to fully self-driving vehicles. As the driver hands more and more control to the vehicle, absolute clarity is required regarding their legal responsibilities.

“The self-driving vehicle sector in the UK is regarded as a success story driven by various stakeholders’ energy, creativity, and expertise. However, we would also support the report’s call for the urgent introduction of comprehensive legislation to protect the UK’s reputation as a forerunner in the safe adoption of self-driving vehicles, with ongoing reviews and updates to keep pace with evolving technology.”

Jack Cousens, head of roads policy for the AA, said: “The prospect of fully self-driving cars was once in the realms of sci-fi, but with the right regulations they could be coming to a street near you. However, road authorities will have to be more meticulous with the condition of the roads, particularly markings and signage that are critical for a self-driving car to navigate. Skimping on maintenance schedules to save money won’t be an option.

“As more technology comes as standard on cars, further changes will need to be made to ensure their safe use such as modernising the driving test. Following the boom in sat-navs, the practical test was updated to include a section on independent driving using a sat-nav so new drivers were taught how to use them correctly.

“Car technology is evolving all the time and many driver assistance technologies such as adaptive cruise control and lane keep assist are firm favourites. While these tools are widely accepted, the mindset of drivers changes when they are asked to consider relinquishing control to a fully self-driving car. Drivers are nervous about a road network consisting of both fully autonomous cars driving alongside cars with humans behind the wheel, but with education, training and rigorously tested technology people may be persuaded to let the car do the driving.”

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